Justices wrestle with death penalty in cases of intellectual disabilities

The Supreme Court debated Wednseday whether to allow Alabama to execute a man with low cognitive function. A ruling could set a precedent for death penalty cases. Read more J. Scott Applewhite / AP

by Justin Jouvenal , Washington Post Published Dec. 10, 2025, 4:48 p.m. ET

The Supreme Court on Wednesday wrestled with whether to allow Alabama to execute a man with low cognitive function, a ruling that could set new rules for states to condemn those with borderline intellectual disabilities to death row.

Roughly two hours of intense arguments did not seem to produce a consensus among the justices over how states should assess IQ tests to determine mental disability.

In a landmark 2002 ruling Atkins v. Virginia , the court decided that sentencing a mentally disabled person t